On October 11, 2016, the Federal Circuit affirmed the ITC’s finding of violation and issuance of a 10-year limited exclusion order barring the importation of crawler cranes made using trade secrets misappropriated from complainant Manitowoc Cranes, LLC. The respondents are Sany Heavy Industry Co., Ltd. of Changsha, China, and Sany America, Inc. of Peachtree City, Georgia. ...›

The International Trade Commission (ITC) issued a general exclusion order in the 936 Investigation on July 6, 2016, that bars importation of shoes infringing two Converse trademarks on a diamond-patterned “outsole” (or shoe bottom). But the ITC found invalid a third Converse trademark on a “midsole” design, reversing the Administrative Law Judge on that point. ...›

On September 7, 2016, the Commission partially vacated and remanded Administrative Law Judge Pender’s Initial Determination (ID) that the three patents-in-suit in the 973 Investigation (Wearable Activity Tracking Devices) were invalid under Section 101. ...›

The International Trade Commission (ITC) and Align Technology, Inc. (“Align”) have chosen not to seek Supreme Court review of the Federal Circuit’s decision in ClearCorrect v. ITC, which held that the ITC lacks jurisdiction to block the importation of electronically transmitted digital files that infringe U.S. intellectual property. ...›

Morrison & Foerster along with The Association of Women in International Trade (WIIT) invite you to attend a panel discussion about the protection of trade secrets in the international context. The panelists will discuss proceedings to address trade secret misappropriation at the U.S. International Trade Commission (ITC), implications of the new Defend Trade Secrets Act, differences between ITC and district court trade secret cases, the nature of the injury analysis in trade secret misappropriation cases, and actions U.S. companies should consider to protect their trade secrets from misappropriation abroad. ...›

A survey of recent decisions at the International Trade Commission (ITC) reveals a series of pitfalls practitioners should seek to avoid when drafting consent orders and stipulations to terminate a Section 337 investigation. In general, the preparation of motions for termination based on consent orders should be undertaken with great care. ...›

Illustrating the dangers of non-compliance with ITC discovery orders, Administrative Law Judge MaryJoan McNamara, on May 9, 2016, issued the public version of her sanctions order against two of the respondents in Light-Emitting Diode Products, Inv. No. 947. The two respondents violated discovery orders by producing more than 1,000 pages of documents shortly before the evidentiary hearing. ...›

The Commission has lifted the suspension of the Section 337 investigation initiated by U.S. Steel against major Chinese steel makers (Certain Carbon and Alloy Steel Products, Inv. No. 337-TA-1002) that had been ordered by Judge Dee Lord. In a Notice issued on August 5, 2016, the Commission reversed the Judge’s Initial Determination (ID) suspending the ...›